Opinions by Justice Leslie Brock Yates (Tex.App.

2006 Opinions by Justice Yates in Civil Appeals

Hall v. Hubco, Inc. (Tex.App.- Houston [14th Dist.] Feb. 9, 2006)(Yates)
(breach of contract, real estate, property contaminated with dumped hazardous waste)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Brock Yates
(Before Chief Justice Hedges, Justices Brock Yates and Anderson)
14-05-00073-CV Gregg Hall, as Executor of the Estate of Preston L. Hall v. Hubco, Inc.
Appeal from 215th District Court of Harris County
Trial Court Judge: Levi James Benton

Davis v. Fisk Electric Co. (Tex.App.- Houston [14th Dist.] Jan 12, 2006)(Yates)
[employment, wrongful termination suit, race]
AFFIRMED: Opinion by Justice Brock Yates
(Before Chief Justice Hedges, Justices Brock Yates and Anderson)
14-04-00790-CV        Donald Davis v. Fisk Electrick Company, Fisk Technologies & Fisk Management Inc.
Appeal from 269th District Court of Harris County
Trial Court Judge: John Thomas Wooldridge
Attorneys Renuka Vinchurkar Jain | Kyle Wayne Sanders   J. Cary Gray

In Re D.R. Horton, Inc. (Tex.App.-Houston [14th Dist.] Nov. 2, 2006)(Yates)
[compel arbitration, interlocutory appeal or mandamus, employment law, TCHRA discrimination claim (age)]
MOTION OR WRIT GRANTED: Justice Brock Yates
(Before Chief Justice Hedges, Justices Brock Yates and Guzman)
14-06-00152-CV In Re: D.R. Horton, Inc.
Appeal from 270th District Court of Harris County

Estate of Regis v. Harris County Hospital District (Tex.App.- Houston [14th Dist.] Oct. 10, 2006)(Yates)
AFFIRMED: Opinion by Justice Brock Yates
(Before Chief Justice Hedges, Justices Brock Yates and Seymore)
14-05-00832-CV The Estate of Marian Regis, Deceased by Administratrix Valerie McWashington v. Harris County
Hospital District d/b/a Lyndon Baines Johnson General Hospital
Appeal from Probate Court No 1 of Harris County

Defective Citation Provides Grounds For Default Judgment to Be Set Aside

Mansell v. Ins. Co. of West (Tex.App.- Houston [14th Dist.] Aug. 31, 2006)(Yates)
[default judgment, defective citation]
REVERSED AND REMANDED: Opinion by Justice Brock Yates
Before Chief Justice Hedges, Justices Brock Yates and Guzman)
14-05-00844-CV Mark Conner Mansell v. Insurance Company of the West as Subrogee of Lyle Tiedemann
Appeal from 405TH District Court of Galveston County (Judge Wayne J. Mallia)
(“Because the citation was fatally defective and thus there is error on the face of the record, we sustain Mansell’s first
issue. Accordingly, we reverse the trial court’s judgment and remand for further proceedings consistent with this
opinion.”)

Kennedy v. Andover Place Apartments (Tex.App.- Houston [14th Dist.] Aug. 31, 2006)(Yates)
[lease law, residential, FE&D, notice requirements, tenant prevails in eviction case, landlord did not comply with statute]
REVERSED AND RENDERED: Opinion by Justice Brock Yates
Before Chief Justice Hedges, Justices Brock Yates and Guzman)
14-05-01051-CV Kimberly Kennedy v. Andover Place Apartments
Appeal from Co Civil Ct at Law No 4 of Harris County (Judge Roberta Anne Lloyd)
(“Because Andover’s attempted termination of Kennedy’s tenancy did not comply with section 24.005, Andover was not
entitled to prevail in its forcible detainer action. We sustain Kennedy’s second issue, reverse the trial court’s judgment,
and render judgment in favor of Kennedy.”)

August 8, 2006 - Suit Barred by Judicial Immunity

In Re J .B .H (Tex.App.- Houston [14th Dist.] Aug. 8, 2006)(Yates)
[family law, judicial immunity, lack of jurisdiction]
AFFIRMED: Opinion by Justice Brock Yates
Before Chief Justice Hedges, Justices Brock Yates and Guzman
14-05-00745-CV In the Interest of J.B.H., a Minor Child
Appeal from 306th District Court of Galveston County

Ortiz v. Collins (Tex.App.–Houston [14th Dist.] July 6, 2006)(substituted opinion on motion for reh’g)(Yates)(pet. filed)
[real estate transaction, foreclosure, forcible detainer and entry FDE, eviction, fraud, BoC, promissory estoppel,
statute of frauds, DTPA, counterclaim for attorneys fees, finality]
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Brock Yates
Before Justices Brock Yates, Anderson and Mirabal)
14-04-01156-CV Robert Ortiz v. Andrew Collins, Tim Welsh and Jerel S. Twyman
Appeal from 295th District Court of Harris County (Judge Tracy Kee Christopher)
CONCURRING: Opinion by Justice Mirabal

Hooper v Chittaluru (Tex.App.-Houston [14th Dist.] June 29, 2006)(Yates)(pet. filed)
[medical malpractice; dispute over expert testimony, harmful error in exclusion of evidence]
REVERSED AND REMANDED: Opinion by Justice Brock Yates
Before Chief Justice Hedges, Justices Brock Yates and Guzman)
14-05-00058-CV Dorothy Hooper, Individually and as Representative of the Estate of Gayland W. Hooper, Deceased,
Mark Hooper, Matthew Hooper, and Melissa Hooper v. Sudha N. Chittaluru, M.D. and Arvind M. Pai, M.D.
Appeal from 280th District Court of Harris County (Judge Tony Lindsay)

Justice Yates Dissents in Criminal Child Abuse Case

Smith v. State of Texas (Tex.App.-Houston [14th Dist.] June 29, 2006) (Hedges)(criminal child abuse case)
[child abuse / neglect resulting in death; trial court error in consideration of extraneous offenses]
AND REMANDED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Brock Yates and Anderson)
14-05-00031-CR Calvin Joseph Smith v. The State of Texas
Appeal from 278th District Court of Grimes County
DISSENTING: Opinion by Justice Brock Yates
(“I respectfully dissent to the majority’s conclusion that the trial court erroneously considered extraneous offenses in
assessing appellant’s punishment.“)

Reyna v. Elizondo (Tex.App.–Houston [14th Dist.] June 20, 2006)(Yates)
[restricted appeal not available if timely post-judgment motion filed]
DISMISSED: Opinion by Justice Brock Yates
Before Chief Justice Hedges, Justices Brock Yates and Guzman
14-05-00622-CV Maria Reyna v. Juan A. Elizondo, Jr., and Connie L. Lockard
Appeal from 240th District Court of Fort Bend County (Judge Thomas Ralph Culver)

Alsheikh v. Arabian Nat. Shipping Corp. (Tex.App.–Houston [14th Dist.] June 20, 2006)
[cross-motions for summary judgment, promissary notes secured by deeds of trust on the real property, lien,
limitations, UDJA; no limitations because debt acknowledged within 4 years; revival of liens, implied promise to pay a
debt]
AFFIRMED: Opinion by Justice Brock Yates
Before Chief Justice Hedges, Justices Brock Yates and Guzman
14-05-00787-CV Jawad N. Alsheikh v. Arabian National Shipping Corporation
Appeal from 269th District Court of Harris County (Judge John Thomas Wooldridge)

Hall v. Hubco, Inc. (Tex.App–Houston [14th Dist.] June 8, 2006)(suppl. op. on motion for reh’g)(pet. filed Tex. No. 06-
0635)[jury question, market value damages]
GRANTED IN PART AND DENIED IN PART: Opinion by Justice Brock Yates
Before Chief Justice Hedges, Justices Brock Yates and Anderson
14-05-00073-CV Gregg Hall, as Executor of the Estate of Preston L. Hall v. Hubco, Inc.
Appeal from 215th District Court of Harris County (Judge Levi James Benton)

Older 2006 Opinions by Justice Leslie Brock Yates

Ortiz v. Collins (Tex.App.–Houston [14th Dist.] July 6, 2006)(substituted opinion on motion for reh’g)(Yates)(consumer
law, real estate transaction, foreclosure, forcible detainer and entry FDE, eviction, fraud, BoC, promissary estoppel,
statute of frauds, DTPA, counterclaim for attorneys fees, finality]
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Brock Yates
Before Justices Brock Yates, Anderson and Mirabal)
14-04-01156-CV Robert Ortiz v. Andrew Collins, Tim Welsh and Jerel S. Twyman
Appeal from 295th District Court of Harris County (Judge Tracy Kee Christopher)
C oncurring Opinion by Justice Mirabal

Seminole Transportation v. Cedyco Corp. (Tex.App.-Houston [14th Dist.] April 27, 2006)(Yates)(BoC, biz law,
necessary party_
REVERSED AND REMANDED: Opinion by Justice Brock Yates
Before Chief Justice Hedges, Justices Brock Yates and Guzman
14-05-00159-CV Seminole Transportation and Gathering LP v. Cedyco Corporation
Appeal from 190th District Court of Harris County (Hon. Jennifer W. Elrod)

In s Co. of the State of Pennsylvania v. Flores (Tex.App.-Houston [14th Dist.] April 27, 2006)(Yates)(worker's comp,
default, restricted appeal)
AFFIRMED: Opinion by Justice Brock Yates
Before Chief Justice Hedges, Justices Brock Yates and Anderson
14-05-00346-CV Insurance Company of the State of Pennsylvania v. Isaac Flores
Appeal from 129th District Court of Harris Count (Samuel Grant Dorfman)

Rutherford v. Greenwood Forest (Tex.App.–Houston [14th Dist. ] March 28, 2006)(Yates)
[suit by home owners, powers of homeowners association, authority to sell]
AFFIRMED: Opinion by Justice Brock Yates
Before Chief Justice Hedges, Justices Brock Yates and Anderson
14-05-00571-CV Duane Rutherford and Darline Rutherford v. Millard Norred, Kenneth Latimer, Faye Gee, John Stofer,
Warren J. Carroll and Greenwood Forest Fund, Inc D/B/A Greenwood Forest Property Owners Association
Appeal from 270th District Court of Harris County (Judge Brent Gamble)

Hooper v. Chittaluru (Tex.App.– Houston [14th Dist.] March 28, 2006)(Yates)
[exclusion of expert witness testimony reversed as harmful]
REVERSED AND REMANDED: Opinion by Justice Leslie Brock Yates
Before Chief Justice Hedges, Justices Brock Yates and Guzman
14-05-00058-CV Dorothy Hooper, Individually and as Representative of the Estate of Gayland W. Hooper, Deceased,
Mark Hooper, Matthew Hooper, and Melissa Hooper v. Sudha N. Chittaluru, M.D. and Arvind M. Pai, M.D.
Appeal from 280th District Court of Harris County (JudgeTony Lindsay)

Wolters v. Delgatto (Tex.App-Houston [14th Dist.] March 16, 2006)(Yates)
[pro se, vexatious litigant designation, bond, filing baseless, frivolous suit, conversion, slander, church and state, first
amendment, ecclesiastical matters, religious controversy, lack of jurisdiction]
AFFIRMED: Opinion by Justice Leslie Brock Yates
Before Chief Justice Hedges, Justices Brock Yates and Anderson
14-05-00055-CV Joyce Wolter v. Joe Delgatto, Madeline Delgatto, Eldon Sheffer, Michael Cole, Lynn Johnson, Stanley
Beyer, Jeanie Flowers, Douglas Harper, Jody Harrington, John Hirling, Jerry Hurst, Roy Keezel, Leona Nickerson,
Louise Row, Tom Lord, Houston Housing Management Corp.
Appeal from 280th District Court of Harris County

Davis v. Fisk Electric Co. (Tex.App.- Houston [14th Dist.] Jan 12, 2006)(Yates)
AFFIRMED: Opinion by Justice Brock Yates
[wrongful termination, race]
(Before Chief Justice Hedges, Justices Brock Yates and Anderson)
14-04-00790-CV        Donald Davis v. Fisk Electrick Company, Fisk Technologies & Fisk Management Inc.
Appeal from 269th District Court of Harris County

Opinions by Other Justices of the 14th Court of Appeals

Go to 2006 Opinions of the Fourteenth Court of Appeal